‘Cannot file consumer plea in case of edu institutes’

The national consumer disputes redressal commission (NCDRC) has held that education and incidental activities are not services, as contemplated under Consumer Protection

The national consumer disputes redressal commission (NCDRC) has held that education and incidental activities are not services, as contemplated under Consumer Protection Act, 1986, and consumer complaints cannot be levied against educational institutions, even if they lack affiliation and fail to issue a promised degree.

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A bench of NCDRC president justice RK Agarwal and members, justice VK Jain and justice M Shreesha on Tuesday dismissed several complaints filed by parents of students who had taken admission for the Bachelor of Medicine and Bachelor of Surgery (MBBS) course offered by Vinayaka Mission University and the Institute of Medical Sciences and Research at Mayani in Khatav tehsil of Satara district.

The complainants accused the education institutes of deficiency of service and adopting unfair trade practices. The parents alleged the institutions induced them with false claims that the university had the requisite approvals, and students admitted in the offshore program in 2005-06 – comprising a two-year study in Thailand and two-and-half-year study at the medical institute – would get MBBS degrees . According to the complaint, the institutes claimed the course was recognised by the Medical Council of India (MCI).

However, parents were later told that students would receive foreign medical degrees and would need to pass an MCI screening test, to practice medicine in India. The students were then informed that they were not allowed to appear for the test.

The complainants then approached NCDRC and sought compensation of ₹1.45 crore.

The university and the medical college opposed the pleas, stating that education was not a commodity and students were not consumers.The NCRDC bench accepted their arguments and held that activities incidental to education, including transportation of children to school, will also not amount to rendering any consumer service.